POST SC66 NATIONAL REPORTING

IMPLEMENTATION OF ’S NATIONAL IVORY ACTION PLAN TOWARDS COMBATING ILLEGAL IVORY TRADE

Kenya Wildlife Service CITES Wildlife Management Authority for Kenya P.O. Box 40241-00100 , Kenya

Email Contacts : [email protected]; [email protected] ; Copy : [email protected] ;[email protected]

28 June 2018

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NIAP REPORTING TO SC70

The Secretariat reported to SC65 that, clear progress had been made by most of the 8 Parties identified at CoPas of ‘Primary Concern’ but with many concrete activities underway to support the NIAP implementation

SC65 recommended in SC65 Sum.10 (b) to (f) that the 8 Parties revise NIAPs as necessary and continue implementation between SC65 and SC66. Details of the recommendations adopted by the SC 65 are as contained in SC65 Sum 10. b) encourage the eight Parties to review and, as necessary, revise their NIAPs, including the milestones and timeframes and, where possible, to include indicators to measure the impacts of actions in the NIAPs (e.g. through data on poaching levels; number of ivory seizures; successful prosecutions; progress on paragraph d) under “Regarding trade in elephant specimens” of Resolution Conf. 10.10 (Rev. CoP16); and changes to legislation), based upon any new identified needs and these Parties’ own evaluations of progress. . In doing so, the eight Parties are further encouraged to take into consideration the evaluation of the Secretariat, in particular the actions where progress was rated as ‘challenging’ or ‘unclear’; c) request the eight Parties to continue to implement their NIAPs between SC65 and SC66, in accordance with the milestones and timeframes in each NIAP, and including any revisions made to their NIAPs as referred to in recommendation b) above; d) request the Parties of “Primary Concern” to report on the further measures taken to implement their NIAPs to the Secretariat by 15 September 2015 and in the format used for the Secretariat’s evaluation of the progress reports as presented in the Annex to document SC65 42.2, so that the Secretariat can make the reports available to the Standing Committee and convey any recommendations it may have, as appropriate, at SC66; e)request the Secretariat to evaluate the reports submitted in compliance with the recommendation in paragraph d), including its footnote, and convey its findings and recommendations at SC66 in the format as submitted to SC65; and f) taking into consideration the reports and the Secretariat’s evaluation, the Standing Committee will, at its 66th meeting, decide whether Parties have substantially achieved their NIAPs and should no longer be considered of primary concern; or have made progress but remain of primary concern; or have made insufficient progress and require compliance measures

The Standing Committee did not direct any of the Parties of ‘primary concern’ except Thailand, to submit a revised NIAP to the Secretariat.

Kenya submitted to the Secretariat in accordance with the recommendations of the SC65, its report on 15 September 2015 for the consideration of the SC66 at its meeting on 11-15 January 2016. Having assessed the report, the Secretariat indicated that, Kenya alongside China (including Hong Kong SAR, China), the Philippines, Thailand and Viet Nam had ‘substantially achieved’ their NIAPs.

However as the identification of the Parties of ‘primary concern’, ‘secondary concern’ and ‘importance to watch’ in the poaching of and illegal trade in ivory is derived from the findings of the ETIS analysis and identification of Kenya together with the other 7 as Parties of

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‘Primary concern’ was based on ETIS report prepared for the 16th meeting of the Conference of the Parties (CoP16) and the next comprehensive MIKE and ETIS reports would be prepared for the 17th meeting of the Conference of the Parties (CoP17, South Africa, September 2016)., the Secretariat believed that, the ETIS analysis–and not completed implementation of a NIAP –is best-placed to indicate whether a Party continues to be implicated in the illegal ivory trade and remains of ‘primary concern’, and noted that in the absence of this data, the Secretariat considered that it would be challenging for the Standing Committee to determine at the SC66 if Parties remain of ‘primary concern’.

The Assessment by the CITES Secretariat on the reports from the identified countries would inform decisions of the Standing Committee if a given country had substantially achieved its targets in the NIAP and if such country could be exited from participating in the NIAP process.

As at time of the 17th Meeting of the Conference of the Parties (CoP17), October 2016, Kenya’s implementation of the five (5) overarching objectives (thematic areas of focus) had been rated substantially achieved. CITES CoP17 approved a 5-steps procedure to guide on participation of Parties in the NIAP Process -Guidelines to the National Ivory Action Plans Process. The last step of the guidelines is on exit from the NIAP process by those countries that substantially achieve their NIAP implementation.

The CoP 17 directed the Standing Committee to initiate in its next meeting, the process of evaluating the affected countries with a view to determining on exit from the NIAP process. Further, CoP17 Meeting directed the Secretariat through Decision 17.80 to convene a meeting of representatives of Parties concerned with development and implementation of NIAP to review the development and implementation of the NIAP and inter alia exchange experiences and best practices, identify opportunities that promote long-term collaboration among enforcement authorities for cross-border collaboration and regional cooperation, joint actions and resource mobilization and discuss shared challenges and technical assistance needs.

The Secretariat together with the Government of Mozambique convened the above meeting to take place in Maputo on 1-4 May 2018. The meeting brought together representatives from Angola, Cambodia, Cameroon, China and Hong Kong SAR, Congo, DR Congo, Egypt , Ethiopia, Gabon, Kenya, Lao Peoples Democratic Republic, Malawi, Malaysia, Mozambique, Nigeria, Philippines Qatar, Thailand, Togo, , United Republic of Tanzania and Vietnam . Kenya was represented in this meeting and shared its experiences in the implementation of its NIAP. Kenya reported that it believed it had fully achieved its NIAP and would be looking forward to the evaluation of its achievements at SC70 and determination by the Standing Committee that it (Kenya) be exited from the process.

Step 5 on Completion of a NIAP and exit from NIAP process, of the Guidelines to the National Ivory Action Plans Process [Annex 3 of Resolution Conf. 10.10 (Rev. CoP17)], guides that:

a. Parties should inform the Secretariat when they have assessed 80% of their NIAP actions as ‘substantially achieved and all remaining NIAP actions as on track’.

b. The Secretariat will, in consultation with relevant experts (e.g. ICCWC and its members), evaluate the implementation reported by the Party, including through country missions, as required.

c. If the Secretariat, in consultation with relevant experts is satisfied that the Party concerned has implemented all NIAP actions as reported and ETIS analysis no longer

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identifies the Party, the Secretariat will recommend that the Party has achieved its NIAP and recommend to the Standing Committee that the Party exits the NIAP Process

This report presents to the Secretariat for assessment and subsequent reporting to the SC70, Kenya’s efforts (presented in the matrix annexed hereto) in the implementation of the NIAP and especially the additional actions implemented post SC66 to present. Actions implemented since formulation of the NIAP have been reported in 2014 and 2015. This report is informed by the Decisions of CoP17 regarding NIAP process and therefore seeks to initiate the process for the assessment of Kenya at the SC70 as per Step 5 of the Guidelines to the National Ivory Action Plans Process; on Completion of a NIAP and exit from the NIAP process

The Secretariat is requested to review the additional actions reported to have been implemented post SC66 and advice SC70 accordingly on Kenya’s achievements and the determination that it should exit from the NIAP process. The matrix below shows Kenya’s reporting to SC66 and additional actions implemented post SC66 to present. The additional actions are highlighted in bold and italics font.

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Theme Evaluation Implemented and Reported actions Reference documentation Legislation and There is comprehensive primary legislation for wildlife Regulations Progress Rating conservation and management; The Wildlife Conservation and Substantially Management Act, 2013 and related other legislation. Currently achieved- the drafting and discussion in Parliament, of subsidiary Principal law. legislation/regulations for operationalization of the principal Act is ongoing.

Drafting of these subsidiary legislation/regulations is in advanced stages with several consultative meetings having been held and resulting drafts reviewed twice by stakeholders. The drafts are in the process of stakeholder validation and eventually submitted to the Cabinet Secretary responsible for Wildlife for Gazzetment in SC65 Rating accordance with the provisions of the Act. Key subsidiary Substantially legislation being drafted include: Protection of Endangered and achieved threatened Ecosystems, Habitats and Species Regulations 2015 under Section 116 (2) (f) of the Act; Wildlife Security Operations Regulations, 2015 under Section 112 (8) of the Act; Licensing and Wildlife User rights Regulations, 2015 ; Implementation of Wildlife-related Treaties, Convention and Agreements Regulations , 2015 etc.

Additional actions post SC 66 Gazettement in November, 2017, of key regulations under the Wildlife Conservation and Management Act, 2013; the Government Trophies Regulations, as efforts in the management of all game trophies in Kenya. The subsidiary legislation regulates the identification, preservation, storage and disposal of government trophies under section 83(4) of the Wildlife Conservation and Management Act, 2013.

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Theme Evaluation Implemented and Reported actions Reference documentation 1.1 Legislation and There exist a good wildlife crimes penalty framework, and major Two high profile cases on illegal Regulations / Progress Rating wildlife offences are treated as a serious crime. The penalties trafficking of ivory (case of seizure of ca. Reduce period Substantially applied are usually proportional to the offence. When the Draft 2 tones of ivory in Mombasa in June 2014 ) for prosecution achieved legislation is finalized, implementation of the Wildlife are being prosecuted using the Wildlife of wildlife Conservation and Management Act, 2013 as the principal national Conservation and Management Act, 2013 crime legislation will be made more effective. Min Penalty; USD 100,000 and their successful prosecution will add impetus in fighting wildlife crime not only

SC65 Rating As reported in 1st quarter of implementation of the NIAP, other in Kenya abut globally. On track than the Wildlife Conservation and Management Act, 2013, other relevant legislation is routinely enforced in the wildlife sector. Application of the high penalties provided Such legislation include the East African Customs Management for in the Wildlife Act,. 2013 and Act, 2004, Environmental Management and Coordination Act classification of wildlife crime as serious 1999 and Proceeds of Crime Ant-Money Laundering Act crime is helping in this case (POCAMLA).

In application of this legislation, prosecution and sentencing guidelines for wildlife crime-related offences are clearly defined, and are being routinely applied with the Office of the Director of Public Prosecutions taking lead.

There have been several meetings bringing Prosecution and judiciary personnel together to sensitize them on wildlife crime and threats to wildlife populations. Such meetings have created a high-level of awareness in the judiciary, of wildlife crime-related charges and sentencing guidelines, and the need to ensure verdicts handed down are appropriate

The country has sufficient, trained and dedicated wildlife and environmental crime prosecutors for the workload. While majority of the prosecutors are at the Office of the Director of Public Prosecutions, a special unit at the ODPP has been set up to

specifically deal with wildlife crime prosecution. The Wildlife Principal Secretary, Ministry of Environment and Management Authority also has a Wildlife Prosecution Unit that Natural Resources inspecting guard of honor

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Theme Evaluation Implemented and Reported actions Reference documentation is also responsible for prosecution and works closely with the mounted by 500 newly trained ranger recruits in July ODPP, on wildlife crime prosecution 2014 at KWS Law Enforcement Academy, Manyani.

Additional 592 rangers graduated from the Law Sufficient wildlife agency staff has been trained on scene of crime Enforcement Academy in October 2015 for and evidence collection and chain of custody as part of the steps deployment in the field in wildlife crime prosecution Pass out parade for the trained rangers was held on 27 October 2015

There are adequate intelligence and investigations procedures in place, and they are being routinely and effectively applied

The Wildlife Management Authority has paramilitary trained staff responsible for dealing with wildlife crimes. Though not optimally staffed, the personnel is sufficient and have sufficient training, status and authority, including adequate powers of arrest as conferred by the Wildlife Act, 2013 and other related legislation.

Additional rangers (592)recruited in April 2015 to increase law enforcement efforts are being trained in the Law Enforcement Academy , Manyani and are due for deployment in October 2015 Additional actions post SC 66 Training in 2017, for gazettement, of 23 special wildlife prosecutors to enhance conviction rates and enhance prosecution period;

Training and gazettement of officers as Scenes of crime officers 2016, 2017 and 2018 to enhance management of all wildlife crime Scene of Crime Officers’ training, 2017 & 2018 scenes for proper investigations and evidence gathering;

Continuous forwarding to Director of Public Prosecutions (DPP) within 24hrs, all cases of major wildlife trophy seizures/confiscations and arrests for purposes of coordination of

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Theme Evaluation Implemented and Reported actions Reference documentation wildlife prosecutions

In 2016 A Rapid Reference Guide for the Investigation and Prosecution of Wildlife Related Offences Including Standard Operating Procedures and Sample Charges Edition) referenced as; Wildlife Offences in Kenya, Points to Prove

In 2016, the Judiciary formulated Sentencing Policy Guidelines in response to challenges of sentencing in administration of Justice National-Level The country has commissioned in May 2015, and operationalised, enforcement actions, Progress Rating its national forensic and Genetics laboratory, and build significant investigations and Substantially capacity for collecting and handling forensic and DNA evidence national interagency achieved which is now regularly used in prosecution especially Rhino collaboration and poaching cases and bushmeat trade . The Laboratory is now coordination/ establishing a DNA reference library and a database of DNA profiles of the country’s Rhinoceroses and elephant population DNA profiles of national populations and seized ( Above) Cabinet Secretary, Ministry of Environment ivory and Natural Resources unveiling the Forensics and Genetics Laboratory, May 2015 SC65 Rating (Below) Cabinet Secretary being briefed on how On track forensic analysis process is conducted in the lab Forensic and Genetics Laboratory technician collecting ivory sample for DNA profiling

During the national inventory of elephant ivory and rhino horns, all ivory seizures of >500 Kg not sampled in 2013 were sampled for DNA analysis to establish the origin of the ivory contraband. This was in addition to sampling the normal government stockpile of elephant ivory and Rhino

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Theme Evaluation Implemented and Reported actions Reference documentation horns for population profiling and construction of DNA reference library for the Forensics and GENETICS Laboratory

National-Level Progress Rating Between 13 July – 27 August, the country undertook an enforcement actions, independent national electronic inventory and audit of stockpile investigations and Substantially storage and management system of elephant ivory and Rhino. national interagency achieved Using a tablet-based technology to inventorise all elephant ivory collaboration and and rhino horns held in the country, a complete database has coordination/ Inventory been established. In addition, trophy management software is in of National stockpiles of the process of being installed for future management and elephant ivory and storage of the stockpile. Other agencies The National Police

Rhino horns Service, Kenya Revenue Authority, Kenya Ports Authority, Office Banner on commissioning by Cabinet Secretary, of of the Director of Public Prosecutions, The Judiciary , Lusaka national elephant ivory and rhino horn inventory on SC65 Rating Agreement Task Force, CITES Secretariat, UNEP , Audit Firms such 21 July 2015 Substantially as Ernest and Young, Non-Government Organizations such as completed/On Stop Ivory, Save The Elephants, Wildlife Direct, African Wildlife track (regarding Foundation, Born Free Foundation were participated in the ivory stockpile national inventory exercise. registration The inventory and audit would form the basis of future audit of the stockpile and inform decision on disposal of the stocks.

The inventory and audit will also form basis of accurate reporting to the CITES on the status and levels of stockpile of the two trophies the country would be holding by end of every year

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Theme Evaluation Implemented and Reported actions Reference documentation

Cabinet Secretary, Ministry of Environment & Natural Resources participating in the national ivory and rhino horn inventory using Tablet-based software

Inventory team taking measurements(weight, length, & circumference at base) of the ivory to make entry in the inventory system

Additional actions post SC 66

Continued use of Asset management system such as Trophy registers and trophy requisitions to ensure traceability and accountability of each individual ivory trophy in real time.

Conduction of both routine and regular DNA profiling of

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Theme Evaluation Implemented and Reported actions Reference documentation seized/confiscated ivory and rhino horns, the latter is done in collaboration with University of Pretoria.

National-Level Progress Rating A national-level inter-agency collaboration bringing together enforcement actions, various law enforcement agencies to combat wildlife crime has investigations and Substantially been established and is operating effectively. Senior officers national interagency achieved, , from the National Police Service, General Service Unit and collaboration and Ongoing(routine) Directorate of Criminal Investigation are deployed to the Wildlife coordination Management Authority as Liaison officers for enhanced collaboration among the agencies. In February 2015 LATF SC65 Rating together with Wildlife management Authority and with funding Substantially from the Government of Canada conducted a law enforcement achieved/on track officers training workshop in Mombasa, for the agencies involved (strengthen law in combating wildlife crime enforcement capacity Similarly, the Law enforcement agencies have deployed law enforcement officers to work with Customs officers at Sea ports, Airports, exit points and transit points and regularly train them on wildlife permitting procedures and requirements, detection of illegally traded wildlife through identification of wildlife specimens and fraudulently issued /forged trade Permits and certificates

Progress Rating At the Sea ports and Airports, the Wildlife Management authority Substantially has deployed special law enforcement Unit; the Canine Unit with achieved sniffer and tracker dogs trained in detection of rhino horns and elephant ivory. SC65 Rating Substantially Capacity of the teams in these critical entry and exit points has achieved/ been enhanced in 2015 following acquisition of more Canines from the Government of Israel in June 2015 KWS team training Canine received from Government of Israel – June 6th, 2015 Additional actions post SC 66

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Theme Evaluation Implemented and Reported actions Reference documentation Formation, staffing and equipping of a One-stop border post investigation units in five (5) international border entry points i.e. Malaba border post, Busia border post, Isebania border post, Namanga border post & Taveta border post to facilitate and enhance detections of transnational wildlife crimes and smuggling

Conduction and participation in Inter-Agency wildlife crimes forums with agencies such as Interpol’s National Bureau, Office of the Director of Public Prosecutions (ODPP), Police, National Intelligence Service, Prisons etc.

Inter-Agency Wildlife Law Enforcement Forums have been institutionalized such as Wildlife cyber-crime unit, Wildlife Intelligence covert operations, joint inter-agency operations etc. The inter-agency operations are conducted routinely either weekly, monthly, quarterly etc depending on alarm raised Continuous collaborative law enforcement operations (both covert and overt) are conducted with, Kenya Revenue Authority- Customs), Police, Border Authorities, Sea and Air Ports Authorities (Kenya Ports Authority & Kenya Airports Authority), Immigration Department, INTERPOL and National Intelligence Service (NIS).

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Theme Evaluation Implemented and Reported actions Reference documentation International and Progress Rating There are established formal regional and international wildlife Regional wildlife law Substantially crime collaboration mechanisms and they are regularly used for enforcement achieved, on- sharing intelligence, and carrying out investigations. One such collaboration going (routine arrangement is the Lusaka Agreement Task Force and the surveillance International Police(Interpol) across borders, of profiled Under the auspices of Lusaka Agreement Task Force and Interpol, wildlife criminals ) wildlife enforcement officers participated in 2014 and 2015, activities directed at combating illegal trade in wildlife. Sharing of SC65 Rating intelligence information and profiling of ivory traffickers helped Challenging- in arresting in United Republic of Tanzania, one of those believed strengthen to be kingpins of ivory trafficking in Kenya now under custody regional policy collaborations, On track for Additional actions post SC 66 international investigative

collaboration, There has been regional meetings of Directors of Wildlife Unclear for cross and Ministers responsible for wildlife to jointly discuss border collaboration elephant poaching crisis and illegal trade in ivory that were convened during this period There have also been meetings of Ministers under auspices of Lusaka Agreement, Regional Wildlife Enforcement Agency to discuss threats to elephants and support implementation of the Ivory Action Plan on reducing illegal ivory trade.

Kenya participated in the just concluded Wildlife African Regional Meeting (WARM) in South Africa which was about combating transnational wildlife crime within the Southern African region with an aim of exchanging ideas in addressing

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Theme Evaluation Implemented and Reported actions Reference documentation the transnational wildlife crimes

Kenya participated in International wildlife crime operation code named “Operation Thunderstorm” which took place from 1st March, 2018 to 30th March, 2018, and was coordinated by the INTERPOL, France.

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Theme Evaluation Implemented and Reported actions Reference documentation Outreach, Public Progress Rating Communities neighboring wildlife protected areas and those in awareness and Substantially wildlife dispersal areas are regularly engaged in law enforcement education achieved, On- activities and enlisted to provide support for law enforcement going(Routine- activities at most sites. Community sensitization on threats of continuous poaching to security of the wildlife and economy of the engagements) communities is regularly done through well organized conservation walks such as the Jim Nyamu walk and campaigns such as the Hands off our elephants reported on in the 2 quarter

SC65 Rating report. Iltilal community(Amboseli/Tsavo Ecosystem) hands Unclear for cross over on 30th May, 2015, to the KWS – Asistant border Communities in Community managed wildlife conservancies and Director, Southern Conservation Area and Deputy collaborations, on those adjacent to wildlife protected areas are involved in Park Warden Amboseli N. Park , 2 pieces of Ivory removed by poachers from a dead elephant and track for monitoring illegal human activities negatively affecting wildlife found hidden strengthening and data is collected, collated and analyzed at most sites and is local used to inform law enforcement operations targeting combating enforcement such wildlife crimes. This close engagement with the capacity, on track communities have resulted into active participation of the for wildlife crime communities including providing key intelligence information that reporting system has led to recovery of poached elephant ivory or prevented wildlife crime from taking place in those community lands

Additional actions post SC 66 The Government together with Kenya Airways and USAID has partnered under the project dubbed Reducing Opportunities for Unlawful Transport of Endangered Species (ROUTES). The initiative is on training staff on how to detect and stop wildlife trafficking. This includes Global transportation systems to help break these illegal chains of unlawful transportation of endangered species

The partnership with the National Airline Courier, is aimed at

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Theme Evaluation Implemented and Reported actions Reference documentation enhancing outreach, public awareness and education in the fight against wildlife trafficking. This has resulted in Kenya Airways signing a declaration on zero tolerance on wildlife crimes on its flight and staffs. The airline has in effort to raise awareness about the illegal wildlife trade, placed placards and documentaries in its flights.

Additional action post SC 66 3-day Interagency retreat on building greater synergies in implementation of wildlife related Multilateral Environmental Agreements(MEAS) organized and coordinated by the State Department for Wildlife, Ministry of Tourism and Wildlife was held in mid-April 2018 to raise awareness among focal points of the various MEAs and other stakeholders on the country’s progress in implementation of the wildlife-related MEAs including implementation of NIAPs

Working with UNEP-African Elephant Fund Steering Committee International campaigns Progress Rating Secretariat, efforts have been made to bring on board, Yaya targeting ivory Substantially Toure (Cote d’Ivoire) a football celebrity to develop targeted reduction completed, On- campaign messages to help reaching out to consumer countries going(routine) to reduce demand of elephant ivory.

Other campaigns have been targeted at Airlines and major SC65 Rating courier companies to sensitize them on threat of illegal ivory Unclear for trade to elephant populations across their range and call upon sensitizing them to cooperate to ensure they do not carry ivory. Airlines airlines and already reached out to are ensuring enhanced surveillance of Couriers their cargo to combat illegal trafficking of elephant ivory and

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Theme Evaluation Implemented and Reported actions Reference documentation other wildlife products. International and Progress Rating There are formal mechanisms in place for transboundary law Regional wildlife law Substantially enforcement cooperation especially between Kenya and United enforcement achieved Republic of Tanzania and Kenya and Uganda, and these are being collaboration effectively and routinely implemented.

SC65 Rating Several of Cross –Border meetings were held in 2014 between Unclear for cross Kenya and United Republic of Tanzania to address increased border poaching in the transboundary parks of Tsavo-Mkomazi and collaboration Masai-Mara- Serengeti ecosystems. These engagements saw reduced levels of poaching in the two areas in 2015

International and Progress Rating There have been deliberate efforts to reach out to other Parties Regional wildlife law Substantially especially the Ivory and Rhino horn consumer States to create enforcement achieved, On awareness targeted at reducing demand for elephant and rhino collaboration going to reach products. out to all relevant States aiming at In second quarter of 2015, two missions were made to China and reducing demand Thailand by a high –level delegation led by the Director General of for ivory and the Wildlife Management Authority. Outcomes of the mission in Rhino horn China were on agreement for enhanced cooperation between the two Governments towards fighting poaching and illegal SC65 Rating trafficking of ivory and rhino horn. A copy of joint press On track for statement released during the Mission is annexed. international investigative In November 2014, the Government accepted to receive and host collaboration, a high-level delegation from Vietnam and discuss how best to Substantially cooperate and fight poaching and illegal trafficking especially of achieved for Rhino Horns.

international Inventory and DNA sampling of ivory seized in 2013 demand In October 2015, the Government of Vietnam invited Government at Mombasa Port destined to Asia reduction of Kenya to a Multilateral Dialogue, together with United campaigns. Republic of Tanzania and Mozambique in the first week of

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Theme Evaluation Implemented and Reported actions Reference documentation November 2015, on Cooperation for Transnational Wildlife Crime Prevention. The Kenya delegation confirmed will visit and would be presenting Government of Vietnam for discussion and possible signing, a draft MoU initiated during the Vietnamese visit in November 2014

Additional actions post SC 66 Kenya participates in routine cross border meetings with United Republic of Tanzania and Uganda. In April 2018 Kenya participated in a Wildlife Cross border meeting in Tanzania where Intelligence, Investigation and Operations Departments of the Wildlife Agencies of both countries were represented

East Africa Community strategy plan(2017-2021) on combating illegal trade and trafficking of wildlife and wildlife products

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1. NOTES TO THE REPORT AND CONCLUSIONS

The full application of the provisions of the wildlife law, the Wildlife Conservation and Management Act, 2013 more so the prescribed tough penalties for wildlife crimes and also application of other laws such as the East African Community Customs Management Act, 2004 to prosecute wildlife crime have significantly helped in fighting wildlife crime in the country.

Kenya believes that it has substantially achieved implementation of its NIAP and that it should exit from the process.

As it exits from the NIAP process, Kenya remains committed to continued implementation of actions towards combating elephant poaching, illegal trade in and trafficking of elephant ivory in particular and wildlife in general.

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POST SC66 NATIONAL REPORTING

IMPLEMENTATION OF KENYA’S NATIONAL IVORY ACTION PLAN TOWARDS COMBATING ILLEGAL IVORY TRA

Kenya Wildlife Service

CITES Wildlife Management Authority for Kenya

P.O. Box 40241-00100

Nairobi, Kenya

Email Contacts : [email protected]; [email protected] ;

Copy : [email protected] ;[email protected]

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POST SC66 ADDITIONAL ACTIONS AND ACHIEVEMENTS FOR NATIONAL IVORY ACTION PLAN (NIAP) PROGRESS REPORT TO CITES SC70

A. Legislation and Regulations

1. Gazettement of the Wildlife Conservation and Management of Government Trophies Regulations, in November, 2017 as efforts in the management of all game trophies in Kenya led by Kenya Wildlife Service, the national wildlife authority. The subsidiary legislation provides for the identification, preservation, storage and disposal of government trophies under section 83(4) of the Wildlife Conservation and Management Act, 2013;

2. Training in 2017, for gazettement, of 23 special wildlife prosecutors to enhance conviction rates and enhance prosecution period; 3. Training and gazettement of officers as Scenes of crime officers 2016, 2017 and 2018 to enhance management of all wildlife crime scenes for proper investigations and evidence gathering; 4. Continuous forwarding to Director of Public Prosecutions (DPP) within 24hrs, all cases of major wildlife trophy seizures/confiscations and arrests for purposes of coordination of wildlife prosecutions; 5. Development and publishing in 2017, of a Kenya Wildlife Service Standard Operating Procedures (SoP) for prosecution and code of conduct booklet for wildlife prosecutors ; 6. Development in partnership with AWF and publishing in 2017, of Canine Evidence Guideline booklet for proper evidence collection and submission in court by canine officers, wildlife investigators and prosecutors; 7. Several National meeting of prosecutors to review wildlife prosecution cases took place with Kenya Wildlife Service playing a key role in such forums, actions plans developed in such forums have been implemented accordingly;

8. Establishment of Court Users Committees around the country which is a pivotal forum in developing and strategizing on how best wildlife crimes investigations and prosecutions can be handled and enhanced as deterrent measures for wildlife offenders. All law enforcement agencies including Kenya Wildlife Service are represented in the Committees;

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Wildlife conservation and management (Government Trophies) Regulations, 2017

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Wildlife prosecutors’ induction training at the Kenya School of Law, 2017

Wildlife scene of crime officers’ training, 2016, 2017, 2018

B. National –level enforcement actions, investigation and national inter-agency collaboration and coordination 1. Conduction of both routine and regular DNA profiling of seized/confiscated ivory and rhino horns, the latter is done in collaboration with University of Pretoria, South Africa under a Memorandum of Understanding; 2. Recruitment of additional 500 ranger force in 2016 to enhance anti-poaching operations and other relevant duties geared towards wildlife conservation and management; 3. Formation, staffing and equipping of a One-stop border post investigation units in five (5) international border entry points i.e. Malaba border post, Busia border post, Isebania border post, Namanga border post & Taveta border post to facilitate and enhance detections of transnational wildlife crimes and smuggling; 4. Conduction and participation in Inter-Agency wildlife crimes forums with agencies such as Interpol’s National Bureau, Office of the Director of Public Prosecutions (ODPP), Police, National Intelligence Service, Prisons etc; 5. Applications of various other legislations such as proceeds of crimes act are applied together with wildlife legislation to enhance wildlife crime charges and prosecutions; 6. Wildlife crimes offenders are also fingerprinted with the aim of treating it as “serious crime” when organized criminal groups are involved; 7. Continued use of Asset management system such as Trophy registers and trophy requisitions to ensure traceability and accountability of each individual ivory trophy in real time; 8. Inter-Agency Wildlife Law Enforcement Forums have been institutionalized such as Wildlife cyber-crime unit, Wildlife Intelligence covert operations, joint inter-agency operations etc. The inter-agency operations are conducted routinely either weekly, monthly, quarterly etc depending on alarm raised;

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9. Continuous collaborative law enforcement operations (both covert and overt) are conducted with, Kenya Wildlife Service, Kenya Revenue Authority-Customs), Police, Border Authorities, Sea and Air Ports Authorities (Kenya Ports Authority& Kenya Airports Authority), Immigration Department, INTERPOL and National Intelligence Service (NIS).

C. International and regional wildlife enforcement collaboration

1. There has been constant and synchronized Cross border meetings, trainings, workshops and Strategic operations on elephant security for Kenya-Tanzania and Kenya-Uganda which also included other contrabands smuggled in between those countries, modus operandi and detection methods eg. Kenya Wildlife Service with funding from International Fund for Animal Welfare (IFAW) organized coordinated and facilitated an International cross border training at the Namanga, Kenya (KE-TZ International border) in January, 2018 where officers from Kenya and Tanzania cordially participated with representatives from Customs, Police, Wildlife Agencies and Immigration Departments from both countries. The training was geared towards wildlife smuggling techniques, ability to identify wildlife contrabands, modus operandi, evidence gathering and scene of crime management; 2. Kenya participates in various routine cross border meetings with Tanzania and Uganda, and in April 2018 Kenya participated in a Wildlife Cross border meeting in Tanzania where Intelligence, Investigation and Operations Departments from both countries Wildlife Agencies were represented; 3. Kenya participated in the just concluded Wildlife African Regional Meeting (WARM) in South Africa which was about combating transnational wildlife crime within the Southern African region with an aim of exchanging ideas in addressing the transnational wildlife crimes.

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Invitation by INTERPOL to Kenya Wildlife Service to attend the Wildlife African Regional meeting, Pretoria, S.A. 2018

4. Kenya has participated in the International wildlife crime operation code named “Operation Thunderstorm” which started on 1st March, 2018 to 30th March, 2018, and coordinated by the INTERPOL, France where over 300 hundred countries also participated.

Invitation by INTERPOL to Kenya Wildlife Service to participate in the International code named Operation Thunderstorm, 2018

D. Outreach , Public awareness and education

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1. On the awareness strategy, Kenya undertook several campaigns with both National and International focus in collaboration with internationally recognized persons/ celebrities focusing on demand reduction in consumer States. E.g. Kenyan celebrity Ms. Lupiter Nyongo has been on the world famous magazines advocating for anti-poaching activities. 2. Kenya participates in the annual World Wildlife Day on 3rd OF March every year, where Kenya Wildlife Service ensures that public is educated and informed on wildlife crimes activities and to abhor the same, these events which are marked strategically in different areas with thematic objectives ensures that the public participates through entertainments, placards, posters, school participations, essay competitions, gatherings etc. 3. Kenya’s first Lady H.E Margret Kenyatta commissioned sensitization training at JKIA which is Kenya’s main exit/entry point and where most of the Wildlife contrabands are passing through while on transit.

Pictorials of Kenya’s First Lady and other dignitaries in an International sensitization training on Wildlife crimes at JKIA, 2017

4. Kenya Wildlife Service has partnered with its National Airline Courier, Kenya Airways in outreach, public awareness and education in the fight against wildlife trafficking. This has resulted in Kenya Airways signing a declaration on zero tolerance on wildlife crimes on its flight and staffs. The airline has also placed placards and documentaries in its flights.

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Kenya’s National courier’s press release on combating wildlife crime & trafficking on it’s airlines & hub

E. National Reporting to CITES Secretariat and Standing Committee of CITES

This report is made in accordance with Step 5 of the Guidelines to the National Ivory Action Plans Process; on Completion of a NIAP and exit from the NIAP process

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